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Copying the Conservatives was not the best form of flattery



 

There has been mutual egotistical adoration at how wonderful certain people are by other wonderful people. David Cameron admires Tony Blair, and Tony Blair admires Margaret Thatcher (or something like that). They say that imitation is the best form of flattery, and, for all the difficult decisions taken by Tony Blair, it is still possible that a donkey might have won against John Major in 1997. A retrospectoscope is a wonderful thing.

 

So what precisely did we emulate or try to imitate? Strangulation is supposed to be copying the best bits of the opposition party, but did we go too far? I suppose the working hypothesis is that the public likes market forces, because by introducing choice and competition, prices go down and quality improves.

 

This of course is a rocking farce. This has not happened in the privatised railway network, and it has not happened in the privatised utilities. An idiot with the most basic knowledge of economics can work out that there are hardly any competitors in these crowded industries, raking up profits for themselves by setting prices in a way that favours them (in the nicest possible way), there is not much choice, and the customer can frankly lump it.

 

So Labour took the bold move of not distinguishing itself markedly from the Conservatives in 1997, securing ‘competitive advantage’ as the corporate strategists would call it. They decided instead to copy a winning formula, on the assumption that once they got into power, they could do what they want. And then did until the clock ran out. In doing so, they did not reverse anti-Union legislation, introduced tuition fees, and introduced market forces into the NHS. Of course, there was much that they did right, for example not allowing so much private industry in the NHS, and limiting the amount a University student would have to pay for their course, but it was essentially an imitative strategy. It was not a collaborative strategy; such a strategy is often seen by parties who go into strategic alliances or partnerships, to increase their market share in business.

 

As a result of this strategy, Labour now, using business principles, offers no competitive advantage to the voters. Sadly for the voters, nor does the Conservative Party or the Liberal Democrats, as you can only put a cigarette paper between them. This is highly irritating for the voter, because like the privatised industries there is little choice and actually remarkably little competition. The Liberal Democrats are now a party about to go out of business, leaving just two major entities in an oligopolistic market of political parties.

 

There is still a sense of ‘if you can’t beat them, join them’. This is what fans of David Miliband wished might be the ‘midas touch’, because the media apparently ‘loved’ David Miliband, and were virtually euphoric over his possible performance at the despatch box, overcoming David Cameron. This is somewhat akin to Samsung locked-in to their fieresome dispute with Apple. Intellectual law has been trying to stop confusion in the customer’s eyes from arising between Apple and Samsung due to lack of distinctiveness, resulting from a similar global identity, and resulting from representing similar goods or services. In the world of intellectual property infringement, Labour has got as close as it has got to copying the Conservatives, without utterly alienating its core voters including the Unions. It has been the version of ‘vote for us because we’re very similar’.

 

The material difference is here there is genuine affection for the Apple brand, in terms of its dynamism, apparent youth, innovation, flexibility, novelty, to name but a few. The Conservative brand is in fact objectively characterised by economic incompetence, demonisation of the disabled, and a hugely unpopular privatisation of the NHS. Labour will secure no competitive advantage by merely copying the Tories, and in fact could successfully disenfranchise many voters this time for good.

Talk this evening 6.15pm @BPPLawSchool Holborn on innovation implementation in technology



This evening, I will be giving a presentation in room 2.6 here in the BPP Law School, Holborn, on disputes involving Apple, Samsung and HTC involving tablets and smartphones.

The learning objectives of this talk are as follows:

  • To give an overview of two disputes in intellectual property between multi-national parties in the technology sector.
  • To contextualise the importance of two intellectual property rights (patents and design rights) in how multinational companies create ‘competitive advantage’.
  • To improve the “commercial awareness” of applicants for training contracts this summer.

I wished to give an explanation of how multi-national companies involved in technology use innovation to create competitive advantage to generate profit, but look at it from the perspective of the industry of intellectual property protection in the form of design rights (tablet) and patent (“slide-to-view” mechanism of smartphones).

The handout for this talk is here.

Students on the LPC might find the talk interesting  as these intellectual property rights have been introduced on the Legal Practice Course special elective on commercial law and intellectual property. The subject-matter is also a valid topic for a recent interesting example of ‘commercial news’, which might be aired in the training contract application form or in the interview itself.

A “calico” – all will be revealed….

Society meeting: Thursday 12 July, Apple/Samsung patent dispute



We have a meeting of the BPP Legal Awareness Society tomorrow evening at 6.15 pm (until 7.15 pm) in room 2.6, BPP Law School, Red Lion Street, Holborn, London.

Any current, past or future student of BPP may attend. You may be studying any discipline, and we as a society actively encourage students from any discipline, from any site, to attend. Please however be mindful that you will be asked for ID by security should you attend, and members of reception are not able to recognise you immediately.

The aim of this meeting is to look behind the purposive nature of the law of patents in the English courts, and to look at how the recent Apple/Samsung dispute was decided in the High Court (judgment delivered 18/19 June 2012). This will require a discussion of how patent claims are looked at general. Because of the nature of society, we will be considering carefully the commercial strategy of Apple and Samsung internationally in achieving competitive advantage, but paying attention why they might have sought to pursue civil litigation for this.

As such, you may find this meeting particularly interesting if you are studying the commercial law and intellectual property special elective on the Legal Practice Course at BPP. It may also be useful if you are wishing to demonstrate the competence of ‘commercial awareness’ in your training contract interview this summer. Deadlines are during this month, usually culminating on midnight of 31 July (i.e. prior to 0.01 1 August 2012).

To download the poster, press here

 

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